The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1887-10-29

WhlSkey In his hand when he was h0ldln
the door against Habell, and he drank
when the pcddler showed him away
Habell had gun in his hand The wit
ness did not hear or see anything more III
til the gun was fired He then hear
Kelleys body fall. and heard HabeH sa
something, but could not tell what,
i James Gilmartin, Marshall of Boonton
said he went to Habell's house about
o'clock that night and saw the body of th
j dead man lying on its face outside of tn
door He recognized the body as that o
John Kelley, Jr. When he went into tn
house number of people came dow
stairs, among them Habell. who asked
Have you come for me I" told hin
yes, aud he got ready and went with nj
to the lookup. "That's bad job you'v
done" said l. my God can't hell
it." Habell replied. | asked him why h
did it, and he said, Because he wa
bothering my wife," Afterwards he sai(
he moved to strike Kelly with the gun
and it exploded After l locked Habel
up went back to the house, and saw
| pool of blood at the foot of the stairs anG
blood spots halfway up the stairs and OF
the Sidewalk On cross-examination i
was learned that Habell had been to Gil
martins house TO give himself up.
John Kelley. father of the deceased
said that the last time he saw his son alive
was at supper that evening. Deceased was
30 years of age.
Lena Habell, the former wife of the
prisoner, testified that she married Habell
in Newark about twelve years ago. She
never was married before, but has beer
since that time to a man named Stack
meyer, now living at Alton The Court
ruled that Lena was still Habell's Legal
wife, so she could not be used as witness
by the State against her husband. This
was just what the Prosecutor wanted, SO
that he could use the Boonton Mrs. Habell
as witness.
Anna Habell, the woman in question,
was then called and testified through the
Interpreter. " went to bed about 1890:
there was no light in my room, but left
one in the kitchen when | went up stairs.
After few minutes heard knocking on
a door and then gun shot | went out
into the hall and saw Kelley's body on the
stairs with the feet towards me. | saw
both pieces of the gun on the stairs.
danced twice with Kelly; he gave me a
glass of whiskey before we danced, and
offered me some several times afterwards,
but | didn't take any. After dancing |
took the child and held it in my lap. This
was about II 80, and there was no quar-
reling up to that time. Kelley pinched
me, got his arms around my neck and
wanted to kiss me, but wouldn't let him.
After went up stairs Kelley tried to get
into my room. [ leaned against the door
so that he could not get in Kelley then
went into the peddler's room, and I laid
down on my bed My door did not close
tightly, and saw the flash of the gun. /
saw my husband pull Kelley's body out
foot that got fast"
The State here rested.
Mr.. Salmon stated to the jury that the
defense would be that while Kelley was
shot with gun in the hands of the pris-
followed Mrs. Habell up stairs, and when
he was told to go home he refused to do
So Habell then got his gun from his wife's
bed room. He handled it carefully, and.
as the prisoner claims, used it as stick
with which to hit Kelley.
Jacob Simon was the first witness, and
he testified to having examined the gun
next morning and finding fibres of wood
in the nipples.
Rev. Philip Mendz testified that he
knew Habell; that he was sexton of his
church for two years, and bore good
reputation in Boonton. On cross-eXamin-
alton he said he had not heard that Habell
was once arrested for assault on woman;
he had heard. however, that Habell had
another wife.
TUESDAY.
Rev. Mendz was recalled, and testified
that he had that morning examined the
Habell premises and found several shot
marks OF holes in the wall, about four and
a half feet above the floor.
The defendant was examined through
an interpreter, as follows: Am so years
old, have lived in Boonton little more
than five years, am a carpet-Weaver. and
have been tor about twelve years. was
not acquainted with Kelley; l saw hi N
that evening in my house when I came
home; don't know how long he had been
there. When / got in the house heard
talking up stairs; about four or five min-
utes later Kelley and my wife came down
stairs. 1 was sitting in chair. and
Kelley asked. " Dc you know meP% re-
piled, "No, I don't know you.' Kelley
you.' mo" l replied. ssnot more than
60 pounds" We then talked about ordi>
nary matters. We had something to
drink-this was about 10 o'clock. Zim-
ba, a boarder in my house, took a bottle
out of his pocket and we drank. Kelley
staid there in the kitchen until after II
O clock. There was some music then, ano
Kelley made motion as though he want
ed to dance with my wife. then motion
ed my wife to go away from Kelley, and
said to Kelley sc You had better go home
r l.. nh ,1oor1lo ho1o V-Ko1nx
said he was drunk the day before, and
said, Chow can you work when you art
drunk ~ he replied, When | can't worl
lay down on a heap of straw" I tolc
Kelley to go home at least five or sl1
times. When Kelley bid me good nigh
and left the kitchen, next saw hin
when / went up stairs-he was in the bee
room, this was some five minutes after hi
went out OF the kitchen. [ demanded O
Kelley to open the door, but he had hi
back to the door, and then / went back tt
my room and got the gun and returned tt
the door of the room where Kelley was
Another man opened the door and go
Kelley out. 1 then said You go home
| what you got to do in my houseP" Kelle.
then went about four OF five steps dow
and stood there. 1 then hit Kelle,
with the gun on the shoulder and said
"I told you SO often to go home
| and as hit him the gun broke ana Wen
off. / then cried out. " Oh My God. tn
gun broke and shot him !" then wen
down stairs with the gun in my hand.
looked at the body and said, oh he
dead" l then said to my wife " Wha
will l do now, and my poor children 2
Kelley was laying with his feet up and
turned the body around so could pass b.
it, and then went out and looked abou
town for the constable. I finally knock
! ed at the constable's door and his wifi
came to the window and wanted to knoV
what was wanted. told her | had sho
a man in my bed room (ruled out), an
then returned home and went to m
room, soon after which a knock came
! the door and it was the constable, wit
| whom I went to the lookup
Cross,examined,-~I have been in TIL
/ country since January, 1872; have lived i
different places. Columbia (Afton1, Eas
Madison, Centreville and Newark, and
/ few months in Chatham have lived i
i Boonton over five years. The night Ke
ley was killed was the first time | eve
saw him. Two peddlers, two boarder
my wife and myself were the only ones
the holse that night. / loaded the gu
the day before; | loaded only one barre
the left one, | told my wife it was bette
we had the gun loaded" In answer I
the question, why did you get the gun. til
defendant answered, was frightene